Social Changes in the United States (Term Paper Sample)

THE DECISION IN PEOPLE OF THE STATE OF NEWYORK V JOSEPH GIBSON AS RELATES TO SOCIAL CHANGES IN THE US DURING THAT PERIOD
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The decision in People of the State of Newyork v Joseph Gibson as relates to social changes in the United States during that period
Introduction
In the landmark case of the People of the State of Newyork v Joseph Gibson, the defendant, an 80 year old man was indicted for the second degree assault on Helen Shanks, a minor aged below 16 years. This trial which took place in 1919 depicts a number of principles of criminal law at that point in time. It is notable that there are a numerous of transformations that have since been witnessed from that time up until now. The conceptions of crime and procedural aspects of a criminal trial have experienced great dynamism. The essence of this paper is to ascertain the implications of this decision on the social fabric; whether it was influenced by any social changes and if it subsequently had any impact on the society.
A brief analysis of facts of the case
The court was appalled by the unique facts of this case because it seemed like it was novel in various respects. To start with the age disparity raised eyebrows of everyone because the assailant was over eighty years while the victim was a 14 year old school girl. Secondly, it emerged later within the proceedings that the two adverse parties were fond of each other and that they had been meeting occasionally. Therefore the minor had apparently given consent to these acts even though this only would not absolve the defendant from criminal liability. It was also noted that this consent was procured by enticing the girl with money. Against these plain facts of the case, there is also the overarching social context which will be subsequently discussed in this paper.[It emerged during the proceedings that this consent was procured through undue influence. The accused person always promised to give the victim one dollar every time she undressed.]
Thesis Statement
The decision in People of the State of Newyork was amid a myriad of many social circumstances and thus cannot be construed to be a reflection of societal changes in the United States at that time.
The social context within which the case was decided
The overriding objective of combating crime is to address a societal problem which is repugnant to the expectations of all people. Criminal law works to deter abhorrent conduct in the society. According to sociological jurisprudence, it is imperative that law conforms to the daily needs of the society and it should change in equal measure to address societal change. The period of around 1919 in the United States was marred with a number of civil upheavals which warranted redefining of the criminal justice system.[Pound, Roscoe. 2000. Jurisprudence. Union, N.J.: Lawbook Exchange. P.219]
This case was however not reflective of the circumstances strictly suited for rape during that period. This is because, by 1919, there was a huge outcry from many people complaining about the wrongful convictions in rape cases. It was alleged that in many instances children and victims at large fabricated testimonies and evidence in a bid to falsely implicate men for rape. In fact, there was a great shift in the perceptions of people in explaining what the root cause of increased rape cases was. The argument ceased to be paternalistic and it transformed to blaming the vulnerability of the victims. Owing to these developments, the judges embraced a punitive approach towards complainants and in effect even blamed them for their own ordeals.[/lifeandstyle/2013/aug/13/rape-defined-sexual-crime-history]
The decision in this case did not however take into account the circumstances at that period because of a number of reasons. The most probable reason for this eventuality could be the political atmosphere that prevailed at that time. It was in 1919 when the ‘red summer’ was experienced. In the course of racial violence in these cities, there were many cases of trans-racial assault in which rape was predominantly perpetuated by persons of either race against the other. Therefore, there was need to put an end to all this misgiving. In doing so, the court was inclined towards convicting the accused person in a bid to deter other people from engaging in such activities. It is noteworthy that despite there being a great disparity in the testimonies rendered in court with respect to this case, the court still found in favor of the victim.[The red summer refers to a period in 1919 where racial riots dominated most cities of the United States.]
Parties involved in this case
Depending on the angle from which you look at it, this dispute depicted a number of adversaries in light of the circumstances at that time. The first set of antagonists takes a gender perspective. This was a battle between feminism and patriarchy. Given the fact that there had been a great legal and social debate about who was to blame for the upsurge in rape cases, the court had to consider the outcry of the female caucus as against the incessant resistance of men. If any decision affecting these two factions is to be made, the court is always extremely cautious not to appear as being prejudicial to either.
Another dimension to the fabric of this case regards the interracial warring that had been exhibited by the numerous riots in the United States. Any atrocity committed against a person of an opposite race was always construed as a wider machination by one race to assert dominance or to act superior over the other. Therefore, there was a greater perception that the blacks were targeting to humiliate the whites in this respect. Since the racial temperatures were so hot at this time, the court was right to intervene and put an end to such violations of fundamental human rights.
The third ...